Toma v Kusido Bayswater v Kusido [2008] NSWSC 400

New South Wales Supreme Court

CITATION : Toma v Kusido Bayswater v Kusido [2008] NSWSC 400

HEARING DATE(S) : 23/04/2008

JUDGMENT DATE : 23 April 2008

JURISDICTION : Equity Division

JUDGMENT OF : Macready AsJ at 1

EX TEMPORE JUDGMENT DATE : 23 April 2008

CATCHWORDS : Corporations Law. Application under s459G to set aside Statutory Demand. Demand varied. No matter of principle.

PARTIES : Tooma Services Pty Ltd v Kusido Hospitality & Property Group Pty Ltd Bayswater Entertainment Pty Ltd v Kusido Hospitality & Property Group Pty Ltd

FILE NUMBER(S) : SC 1477 of 2008; 1478 of 2008

COUNSEL : P. Culter for the plaintiffs M Green for the defendant

SOLICITORS : Home Wilkinson Lowry for plaintiffs Bruce Stewart Dimarco for defendant

- 1 - THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE MACREADY WEDNESDAY 23 APRIL 2008

1477/08 TOMA SERVICES PTY LIMITED v KUSIDO HOSPITALITY & PROPERTY GROUP PTY LIMITED

1478/08 BAYSWATER ENTERTAINMENT PTY LIMITED v KUSIDO HOSPITALITY & PROPERTY GROUP PTY LIMITED

JUDGMENT

1 HIS HONOUR: [matter 1477/08] This is an application to set aside a statutory demand under section 459G of the Corporations Act. The statutory demand is dated 24 January, 2008 and claims an amount pursuant to three loan agreements totalling in all $180,000, together with interest and other various fees. The total amount claimed is $293,461.62. 2 The only matter which is put forward now is a genuine dispute. It is said there is a genuine dispute in respect of three items in the schedule. As a result of rulings on evidence I have given earlier this is now no defence of an offsetting claim, given that there is no evidence of the amount of any such offsetting claim. 3 The relevant items in respect of which there is said to be dispute are: "Monies agreed to be repaid in relation to Park Regis CTC under the Loan Agreement Amendment Agreement $5,585.75 Management fees and recharges owing in relation to Suite 17 $19,905.00